isability Law

Laws that guarantee the rights of individuals with disabilities have a great deal to do with the support available in schools. Although some of the laws that govern high schools are the same for colleges, some are not. This section provides summaries and comparisons designed to help you understand what you can (and should) expect at college and how that may be different from high school.

The U.S. Department of Education has published a pamphlet titled "Students with Disabilities Preparing for Postseconday Education: Know Your Rights and Responsibilities" . Download and read this for a full understanding of the laws summarized below.

The Individuals with Disabilities Act (IDEA)

The Individuals with Disabilities Education Act of 1990 is a Federal law that ensures children (from ages 3 to 21) have a "free appropriate public education" in public elementary and secondary schools and that the rights of these children and their parents are protected. It also provides for help to the states and school districts who have responsibility for this education and evaluates their effectiveness in providing it.

The IDEA applies only to youth that have been determined eligible, are under 21 years old and have not graduated from high school. The public schools have a great deal of responsibility to ensure that those eligible are identified and provided with an appropriate education.

The IDEA does not apply to individuals with disabilities who attend college. College students must learn how and to what extent their access to instruction is guaranteed. College students must also learn how to establish their eligibility and request accommodations and modifications. One of the most common errors made by individuals with disabilities moving from high school to college is not learning what they must do to establish eligibility to receive services and accommodations.

Section 504 of the Vocational Rehabilitation Act

Section 504 of the Rehabilitation Act of 1973 (hereafter referred to as Section 504) is a civil rights law that was written to eliminate discrimination on the basis of handicap in any program or activity receiving Federal financial assistance. It states that:

"No otherwise qualified person with a disability in the United States...shall, solely by reason of...disability, be denied the benefits of, be excluded from participation in, or be subjected to discrimination under any program activity receiving federal financial assistance."

Section 504 has a broad definition of who is disabled and applies to the various functions of institutions such as employment, access to buildings and education. The law is especially important because it builds the foundation of protection against discrimination against individuals with disabilities much like previous laws provided protections against discrimination based on gender, race and national origin.

The Americans with Disabilities Act (ADA)

Comparing Laws